Report to: Development Services Committee                           Report Date: November 3, 2009

 

 

SUBJECT:                          RECOMMENDATION REPORT

                                            Neamsby Investments Inc.

                                            Official Plan and Zoning By-law amendments to permit limited stand alone retail uses and restaurants at 1181-1271 Denison Street

 

                                            File Nos: OP 08 120986 & ZA 08 120996

                                           

PREPARED BY:               Stacia Muradali, ext. 2008

                                            Planner, Central District

 

 

 

RECOMMENDATION:

 

1)                  That the report dated November 3, 2009 titled “RECOMMENDATION REPORT, Neamsby Investments, Official Plan and Zoning By-law amendments to permit limited stand alone retail uses and restaurants at 1181-1271 Denison Street (OP 08 120986 & ZA 08 120996),” be received;

 

2)                  That the Official Plan amendment application (OP 08 120986) submitted for 1181-1271 Denison Street, be endorsed, and that the draft implementing Official Plan amendment (OP 08 120986) be adopted by Council at a later date, after submission of a site plan application and resolution of the site plan issues identified in this report, to the satisfaction of the Town;

 

3)                  That the Zoning By-law amendment application (ZA 08 120996) submitted for 1181-1271 Denison Street be endorsed, and that the draft implementing Zoning By-law amendment (ZA 08 120996) be enacted by Council at a later date, after submission of a site plan application and resolution of the site plan issues identified in this report, to the satisfaction of the Town;

 

4)                  And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

EXECUTIVE SUMMARY:

Official Plan and Zoning By-law amendment applications have been submitted by Neamsby Investments Inc. to permit limited stand alone retail and restaurant uses within a “Business Park Area”.  The “Business Park Area” designation only provides for retail and restaurant uses which are ancillary and integrated internally as a component of an office building and/or hotel and is clearly intended for the convenience of local businesses, employees and hotel patrons.  The applications pertain to 1181-1271 Denison Street (the “subject property”), which contains four (4) existing multi-tenant industrial buildings, located at the south-west corner of Denison Street and Birchmount Road (Figure 1). 

 

The retail and restaurant uses were initially proposed to occupy a maximum of approximately 22% of the total existing net floor area, with a parking shortfall of 55 parking spaces.  The retail and restaurant uses are now proposed to occupy a maximum of approximately 14% of the total existing net floor area with no parking shortfall.  The remaining floor area will remain as industrial uses.

 

A community information meeting was held on October 1, 2008 and the statutory Public Meeting was held on March 3, 2009.  Concerns raised by members of Committee and members of the public include the establishment of a precedent and the possible impact the application could have on current “ Business Park Area” policy with regard to the accommodation of retail and restaurants, potential site operational issues relating to noise, garbage odours, site upgrades, the impacts of the (previous) parking shortfall, restrictions on proposed uses (size and location), and the negative impacts of personal service shops.

 

The Economic Development Department has advised that the addition of the proposed uses at the subject location would not be detrimental to the overall character and function of this particular Business Park, and can be an asset to the competitive sustainability of this Business Park.  These restaurant and retail uses will provide food services and convenience retail opportunities to Business Park employees in an appropriate built form and location.  It is recommended that a site-specific exception to the “Business Park Area” be implemented to permit the proposed uses on the subject property.

 

The proposed retail and restaurant uses will be located only within specific units, adjacent to Denison Street and away from adjacent residential development.  A site plan application will be required and would address matters such as garbage storage and disposal, air filtration system, road improvements recommended by staff and the Traffic Impact Study, enhanced landscaping, pedestrian connectivity and parking configuration.  An application for draft plan of condominium has been submitted and processing is on hold pending the outcome of these applications.

 

 

PURPOSE:

The purpose of this report is to discuss and recommend approval of Official Plan and Zoning By-law amendment applications to permit limited stand alone retail uses and restaurants at 1181-1271 Denison Street.

 

 

BACKGROUND:

Property and area context

1181-1271 Denison Street (the “subject property”), is located at the south-west corner of Denison Street and Birchmount Road (Figure 1).  The subject property encompasses an area of approximately 4.4 hectares (10.9 acres) and contains 4 one-storey, multi-unit industrial buildings with 66 units and with a total gross floor area of approximately 14, 738 square metres (158,639 square feet) (Figure 3).  The existing development is approximately 26 years old and the proponent has indicated that there are vacancies within the development.

 

Surrounding land uses include industrial uses to the north (across Denison Street), industrial and residential uses to the east (across Birchmount Road), and residential neighbourhoods to the south and west, with the exception of two industrial buildings to the immediate west (Figure 3).  There is a Town Fire Station adjacent to the south-east corner of the subject property.

 

Original proposal

The applications for Official Plan and Zoning By-law amendments have been submitted to facilitate the introduction of limited stand alone retail stores and restaurants in selected units within the existing industrial development.  The proponent originally requested utilizing a maximum of approximately 22% of the net floor area to be converted to retail and restaurant uses.  Retail uses were proposed to have a maximum net floor area of 1,697 square metres (18,266 square feet) which represented approximately 12% of the total net floor area.  Restaurants were proposed to occupy a maximum net floor area of 1,401 square metres (15,080 square feet) which represented approximately 10% of the total net floor area.  The existing parking layout contains 363 parking spaces and the initially proposed retail and restaurant uses would have generated the need for a total of 499 spaces.  The proponent proposed to reconfigure the parking layout in order to accommodate an additional 81 parking spaces, for a total of 444 parking spaces (Figure 4).  This resulted in a parking shortfall of 55 parking spaces and a parking assessment study was submitted to justify the parking shortfall.  Since that time, the parking shortfall has been eliminated as discussed below.

 

Revised proposal

In response to staff and residents’ concerns, the proponent has revised the proposal and reduced the amount of retail and restaurant uses.  The applicant is proposing to utilize approximately 1,134 square metres (12,206 square feet) of the net floor area for retail uses and approximately 823 square metres (8,859 square feet) for restaurant space.  This represents approximately 14% of the total net floor area (8% retail and 6% restaurants).  This reduction of retail and restaurant uses has eliminated the previous parking shortfall.  444 parking spaces are required and are to be provided to facilitate the proposed retail and restaurant uses.  The parking layout will be reconfigured at the rear of the property, within the vicinity of the loading areas, to accommodate the additional parking spaces (Figure 5).

 

The units to be used for retail and restaurants will be located towards the front of the existing development, adjacent to Denison Street, away from the residential development to the south.  Parking for these units will be designated toward the front of the development to reduce the potential impact on the residential homes at the rear.  The applicant has submitted a Traffic Impact Study which has been reviewed by staff.  The results and recommendations of the Traffic Impact Study are discussed in more detail below.

 

Official Plan

The subject property is designated “Industrial-Business Park Area” in the Official Plan.  The planned function of the “Business Park Area” is characterized by office/industrial business parks displaying high design standards.  This designation contemplates uses such as offices, light industrial, research, training and data processing facilities, hotels, convention centres, banks and financial institutions.  Retail, service uses and restaurants are strictly controlled.  Only ancillary retail and service uses and restaurants are provided for and such uses are only permitted where internally integrated as a component of an office building and/or hotel and clearly intended for the convenience use of local businesses, employees and/or hotel patrons.  An Official Plan amendment is required to provide for the proposed limited retail uses and restaurants as stand alone uses.

 

The Region of York has exempted the proposed Official Plan amendment from Regional approval as it has been deemed to be of local significance and does not adversely impact Regional interests.

 

Zoning

The subject property is zoned “Select Industrial and Limited Commercial [MC (40%)]” pursuant to Zoning By-law 108-81, as amended (Figure 2).  An amending site-specific By-law (By-law 315-83) limits the permitted uses to industrial (warehousing and manufacturing of goods, etc), professional and business offices, banks and financial institutions only.  Retail and restaurant uses are not permitted on the subject property and therefore a Zoning By-law amendment is required to accommodate the proposal.

 

Community information and public meetings were held

A community information meeting was held on October 1, 2008 and the statutory Public Meeting was held on March 3, 2009.  Residents expressed concerns about lack of security and inadequate buffer for abutting homes to the south, potential garbage odours, impact of outdoor patios associated with restaurants, rodent infestation, the (previous) parking shortfall, potential increase in noise and traffic associated with the proposed uses, and the impact of personal service shops which could increase commercial traffic within the site.

 

Committee expressed concerns with the potential impact which the application could have on current policy respecting Business Park Areas, impact of the conversion of employment lands to retail use, and site plan issues such as the need for strictly controlled internal garbage storage, requirement for updated air filtration systems for restaurant use, requirement for a Traffic Impact Study and any road improvements, and upgrades to the exterior and landscaping.  All of the above-mentioned matters, with the exception of the parking shortfall which was discussed earlier, are addressed below.

 

OPTIONS/ DISCUSSION:

A site-specific exception to the “Business Park Area” is proposed

The “Business Park Area” designation in the vicinity encompasses a much larger employment area surrounding the subject property, which extends north from the south side of Denison Street to 14th Avenue and from Warden Avenue east to the GO Transit line (midway between Birchmount Road and Kennedy Road). 

As noted above, the planned function of the “Business Park Area” allows that such areas may be zoned to permit ancillary retail and service uses and restaurants, where internally integrated as a component of an office building and/or hotel, whereas the current proposal is to permit a limited amount of stand alone retail and restaurant uses. The Economic Development Department has advised that the addition of the proposed uses at this particular location can be an asset to the competitive sustainability for the surrounding “Business Park Area” as the overall character and function would be maintained through restricted, site-specific permissions.  The specific location and built form of the existing development can more appropriately facilitate the proposed uses than other sites within the surrounding Business Park. The proposed restaurant and retail uses will provide food services and convenience retail opportunities to Business Park employees and would be located within a kilometer of their work area. While the existing Official Plan permissions could theoretically satisfy the demand, this Business Park area does not contain multi storey office buildings or hotels that are conveniently located to facilitate retail and restaurant uses that can service the area.

For the above reasons it is felt that the applications can be supported provided the integrity of the Business Park Area designation in general and the subject Business Park area in particular are not compromised from the point of view of setting a precedent. In this regard it is noted that the subject site is located at a prominent intersection (at the corner of a Major Collector and a Minor Arterial Road) within the Business Park Area and is easily accessible to serve the whole Business Park; the need for additional stand alone retail or restaurant uses to service this Business Park would have to be demonstrated to the Town's satisfaction.

Moreover, a number of additional points, as noted below, allows the subject site to be viewed as more or less unique and deserving of the additional use permissions. First, the subject site is at the periphery of the Business Park and is in fact isolated from the majority of the Business Park by virtue of its location on the south side of a major collector road (Denison Street). Second, unlike the large single tenant uses typically found in Business Parks, the subject site contains an aging industrial mall with four multi tenant buildings that can accommodate the proposed uses without compromising true “Business Park” floor area. Further, whereas the location of stand alone retail and restaurant uses spread throughout the Business Park could erode the integrity of the Park, this site can accommodate a range of convenience retail and restaurant uses to serve the Business Park within one site, at an appropriate location, and still provide the necessary parking in accordance with the by-law.

 

Impact of the proposed uses on neighbouring residential uses

Residential development is located across from Birchmount Road, immediately south of the subject property, and beyond the two industrial buildings immediately adjacent to the west of the subject property (Figure 3). The proposed retail and restaurant uses would be restricted to units fronting directly onto Denison Street, and these units are located approximately 90 metres (295 feet) and greater, from the abutting residential development to the south.  The designated parking for these units will also be located furthest away from the residents to the south.  Personal service shops, outdoor patios associated with restaurants, retail with outdoor storage and display and drive-through facilities would not be permitted in response to concerns expressed by the neighouring residents.  Review and approval of a future site plan application, as discussed later, will address matters such as garbage and restaurant odours, increased buffers, and other matters of concern to area residents.

 

A Traffic Impact Study submitted by the proponent, concludes that the magnitude of site-generated traffic associated with restaurant, retail and industrial uses results in minor increases to the overall boundary road traffic flows.  The Traffic Impact Study prepared by Poulos and Chung, recommends that the most easterly site entrance from Denison Street be closed, a centre left turn lane on Denison Street be introduced, and stop sign traffic control be installed at the remaining accesses.  Staff will secure these improvements through a future site plan application, as discussed in more detail below. 

 

The proponent has not submitted a site plan application at this time, and has requested that this report be brought forward for Committee consideration and direction before proceeding with the detailed site plan and draft plan of condominium applications.  Staff therefore recommends that the proposed Official Plan and Zoning By-law amendments not be finalized until a site plan agreement has been executed to ensure that the road improvements discussed above are secured.

 

Site plan application required

The required site plan review will address concerns identified by Committee, residents and staff, and will include, but is not limited to, the following matters:

 

  • Requirement for internal, refrigerated room and air filtration system in the proposed restaurants;
  • Parking supply and layout;
  • Signage improvements (eg. introduction of stop signs at motor vehicle entrances and exits) and strict control of signage for the proposed uses;
  • Enhanced landscaping and screening along the perimeter of the subject property, especially along the south property line abutting the residential development;
  • Snow storage will be designated to specific locations;
  • Enhanced pedestrian connectivity and safety by adding a walkway to the Denison Street and Birchmount Road intersection and strict control over access;
  • Securing of Traffic Impact Study recommendations; and
  • Any other matters arising through the review of the site plan application.

 

Staff recommendations

Staff recommend that Committee endorse in principle, the proposed Official Plan and Zoning By-law amendment applications as discussed in this report.  Staff also recommend that the draft Official Plan amendment and the implementing Zoning By-law be brought forward to Committee after execution of the site plan agreement.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable.

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

Not applicable.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

All comments provided by internal departments and external agencies respecting the Official Plan and Zoning By-law amendment applications have been incorporated into this report.

 

 

 

RECOMMENDED BY:  

 

 

 

 

 

_____________________________                  ________________________________

Biju Karumanchery, M.C.I.P., R.P.P                 James Baird, M.C.I.P., R.P.P

Senior Development Manager                            Commissioner, Development Services

 

 

ATTACHMENTS:

 

Figure 1:                     Location Map

Figure 2:                     Area Context/Zoning

Figure 3:                     Air Photo (2007)

Figure 4:                     Previous Site Plan

Figure 5:                     Revised Site Plan

 

 

AGENT:

 

Opus Management Inc.

Attn: Paul Stagl

62 Fairholme Avenue

Toronto, ON, M6B 2W6

 

Tel: 416-784-2952

Fax: 416-785-9698

 

 

 

File path: Amanda\File 08 120986\Documents\Recommendation Report